Planning permissions for extended HMO Licensing?

Planning permissions for extended HMO Licensing?

15:36 PM, 30th May 2018, About 6 years ago 16

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In October mandatory licensing is being extended to include all 3 storey HMO’s and all HMO’s with 5 or more occupants living there as 2 or more households. This affects small HMO’s eg student houses. Unfortunately I will now have to get a couple of properties licensed. 

 The application for my borough asks if you have planning permission ‘yes/no’. ‘If yes enclose a copy of the permission’. My houses were established as HMO’s before the article 4 directive came along and I do not have planning permission as such. 

Should I be worried?

Jim

 

Click Here to see the new legislation.

Description of HMOs prescribed by the Secretary of State

An HMO is of a prescribed description for the purpose of section 55(2)(a) of the Act if it—

(a)is occupied by five or more persons;

(b)is occupied by persons living in two or more separate households; and

(c)meets—

(i)the standard test under section 254(2) of the Act;

(ii)the self-contained flat test under section 254(3) of the Act but is not a purpose-built flat situated in a block comprising three or more self-contained flats; or

(iii)the converted building test under section 254(4) of the Act.


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Comments

Jim

19:18 PM, 31st May 2018, About 6 years ago

Reply to the comment left by St. Jims at 31/05/2018 - 18:38
No its not 'only' to students but I'm not sure if I let to students it MUST
'be let through a university or other publicly funded institution of further or high education'?

Jim

19:22 PM, 31st May 2018, About 6 years ago

Reply to the comment left by Ian Narbeth at 31/05/2018 - 18:41
Hmm.
Got divorced and my ex destroyed most of it!

Bemused

20:50 PM, 31st May 2018, About 6 years ago

I am inclined to agree that the mortgage conditions don’t exclude HMOs, just insist on one AST and being let as one unit. My reading is that this doesn’t have to be students, just a shared agreement.
And established usage should cover the planning issue.
So applying for and obtaining an HMO licence shouldn’t breach these mortgage conditions?

Jim

21:33 PM, 31st May 2018, About 6 years ago

Reply to the comment left by Dancinglandlord at 31/05/2018 - 20:50
Thank you for your opinion. My concern is that if I let to students it must be let through a university etc. I am still not sure what Schedule 1 of the Housing Act 1988 means. I've tried reading it but don't get it!
I have quite a few mortgages with Mortgage Express (as they were called) so don't want to risk having the whole lot pulled if they reckon I've breached a condition.
I think I'll give up and become a postman.

RichDad

13:32 PM, 2nd June 2018, About 6 years ago

Reply to the comment left by Jim at 31/05/2018 - 15:42Article 4 - before our LA introduced Article 4, they gave plenty of notice to landlords to get all existing HMOs registered with them. We had plenty of evidence to support existing use, including tenancy agreements (whether ASTs or even if room-by-room, that is still evidence for this purpose) or proof of council tax correspondence (we had annual struggles with the council about the void period between students). You don't have to go back far, just to be able to demonstrate that it was in continuous HMO use at the time of introducing Article 4. When the HMOs had no more than 6 occupants, this LA never asked anyone to obtain Certificates of Lawful Development (and I would rate this LA on the enthusiastic end of the enforcement spectrum). It seemed to be the LA's Housing/Licensing team who managed this register, not the Planning team. Why don't you call them to ask innocently? I had most with MX as well (now with Jasper), and they knew explicitly that these were HMOs.

Jim

8:45 AM, 3rd June 2018, About 6 years ago

Reply to the comment left by Richard Peeters at 02/06/2018 - 13:32
Thank you for your comments. When you say:

'I had most with MX as well (now with Jasper), and they knew explicitly that these were HMOs.'

do you mean you told MX you would let as an HMO before you took the mortgage?

Back when I took this mortgage I don't think HMO's were such an issue as they are now and apart from stipulating:

'No physical alterations may be made to the property for it to be let as separate units'
the conditions weren't that specific. At the time I wasn't too sure if I'd get a family or students to live here. I waited to see who came along first. My mortgages are now with Topaz. I wonder if this is relevant? Did all the HMO mortgages go to Jasper?

I am hoping the council will have records showing that the property was exempt from council tax due to students living there.

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